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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historicai  Microreproductions  /  institut  Canadian  de  microreproductions  historiques 


m* 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


□ 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagde 

Covers  restored  and/or  liiminated/ 
Couverture  restaur^e  et/ou  pelliculde 

Cover  title  missing/ 

Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  gdographiques  en  couleur 

Coloured  ink  {i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustration!*/ 
Planchos  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relid  avec  d'autres  documents 


D 


Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

Lareliure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intdrieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajoutdes 
lors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  etait  possible,  ces  pages  n'ont 
pas  6t6  film^es. 

Additional  comments:/ 
Commentaires  suppldmentaires; 


L'Institut  a  microfilmd  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qu:  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiquds  ci-dessous. 


I      I    Coloured  pages/ 


n 


Pages  de  coiJeur 

Pages  damaged/ 
Pages  endommagdes 

Pages  restored  and/oi 

Pages  restaurdes  et/ou  pelliculdes 

Pages  discoloured,  stained  or  foxei 
Pages  ddcolor^es,  tachetdes  ou  piqudes 

Pages  detached/ 
Pages  d^tachdes 

Showthroughy 
Transparence 

Quality  of  prir 

Quallt^  indgale  de  I'impression 

Includes  supplementary  materi{ 
Comprend  du  materiel  suppldmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


I      I  Pages  damaged/ 

I      I  Pages  restored  and/or  laminated/ 

r~T|  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

r~n  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

I      I  Only  edition  available/ 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  filmdes  d  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmd  au  taux  de  reduction  indiqud  ci-dessous. 

10X  14X  18X  22X 


V 


26X 


30X 


12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  film6  fut  reproduit  grdce  A  la 
gAnirositi  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  best  qualty 
possible  considering  the  condition  and  legibtlity 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  imprension. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^^^  (meaning  "CON- 
TINUED"), or  ihe  symbol  V  (meaning  "END"), 
whichever  applies. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  filrn^.  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  film^s  en  commenqant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration.  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commen^ant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  nt  en  terminant  par 
la  dernidrc  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  chaque  microfiche,  selon  le 
cas:  le  symbole  —^  signifie  "A  SUIVRL  ",  le 
symbole  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  i:)  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  soul  cliche,  il  est  filmd  A  partir 
de  Tangle  supirieur  gauche,  do  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

1 

2 

3 

1 

2 

3 

4 

5 

6 

BC 


ADDRESS 


or 


GOVERNOR  KENT 


% 


TO 


BOTH  BRANCHES  OF  THE  LEGISLATURE 


OF  THE 


STATE  OF  MAINE. 


JANUARY,  1838. 


Avoir  ST  A. 

LUTHKR    SEVERANCE,   PRINTER 

1838. 


A 


c 


A  D  D  R  E  S  S 


Fellow  Citizens  of  the  SeiiiUo, 

and  of  the  House  of  Representative^: 

ll  is  a  source  of  .i!;ii!iii  uratificatioii  that,  in  assuiniiisi;  thf 
hoiioralili"  and  rrspoiisiljlc  otiicc!  to  wlii'li  I  liavc  liccii  elected 
by  my  Icllow  citi/uiis,  I  can  coni;ia(iiiatc  you,  and  tlicni,  upon 
tiic  conlinuod  licahli  \vc  liavc  enjoyed,  and  tlic  l)('nii!;nant  smiles 
of  I'rovidence  upon  the  lahors  of  the  husl)aiuhnan. 

It  uonhl  aliord  me  uuich  ^satisfaction  if  I  could  also  conjirat- 
ulate  yon  and  iIkmu  upon  the  continued  prosperity  of  oin*  coun- 
try, and  tlie  natural  and  satisfactory  results  whi?h  have  hcreio- 
for(>  attended  the  enterprise,  intelligence  and  vigorous  action  of 
the  American  people,  in  their  various  departments  of  lahor. 
But  it  is  a  fact  too  obvious  to  he  disguised,  and  loo  serious  to 
be  overlooked,  that  a  change  has  come  over  tiie  long  continiu'd 
j)rosperity  of  this  people,  and  that  a  check  has  been  given  to 
enterprise  and  exertion  in  public  works  and  j)rivate  operations, 
\vhi<'h  has  produced  and  is  producing,  cmharrassment,  derangc- 
nient  and  distress  in  the  business  and  prospects  of  a  large  jmr- 
tion  of  our  ])eoj)le. 

It  is  a  sad  and  dishearteninc:  spectacle  to  see  a  young,  \  igo- 
rous  and  strong  nation,  with  powers  and  capacities  of  almost 
unlimited  extent,  in  a  lime  of  profmind  peace,  when  all  the 
causes  of  national  and  individual  wealth  were  in  full  operation. 
when  industry  was  reaping  its  reward,  and  conlt.Miiment  and  sat- 
isfaction were  the  attendants  of  exertion  —  suddenly  struck 
down  from  this  palmy  state  of  pros|)erity  and  hap|)incss,  to  suf- 
fer all  the  evils  of  suspended  action,  deranced  currency,  gene- 
ral dir  tress,  commercial  (Mnbarrassmenl  and  individual  ruin.  It 
is  natural  that  men  should  ask  and  seek  for  the  cause  of  such, 
revulsions  ;  and  that  they  should,  wiih  the  independent  spirit 
of  frei>nien,  hold  those  to  whom  pov.er  ha';  been  delegated,  re- 
sponsible for  their  acts  in  jiroducing  such  calamitous  results. 

A  free  and  enlightened  peo])le  will  yield  a  generous  confi- 
dence and  rational  support  to  the  government  of  their  choice, 
but,  they  will  never  surrcMider  the  right  to  inves'igate  fully,  and 
judge  imjiartially,  the  tendencv  and   effect  of  public  measures 


upon  tlu'  piosppiity  of  ilic  foniitry.  Whoever  supposes  or 
hopes  thai  such  a  people  will  lollow  uitlioiil  hcr^italion  or  adopt 
witjiout  iuvesti^aliou,  any  course  uliicli  may  he;  poinl(Ml  out  hy 
those  in  whom  the}  ha\('  confiih-d.  simply  heeause  it  ori^iiialed 
with  a  particular  parly,  will  sooner  or  laier  ascertain  that  he  has 
mistaken  the  genius  and  spirit  of  our  eonslitution,  and  ihe  char- 
acter of  this  peopk;. 

'.riie  calm  judsiiuenl  of  the  uhoK'  people  is  the  trihuual  he- 
foro  w  hich  the  acts  of  puhlic  men  must  j)ass  in  re\  iew  ;  and  it 
is  a  trihunal  which  am  seldom  long  he  dec  ei\ed,  and  never  can 
be  corrupted. 

'Vhv  chaotic  slate  of  the  currency  of  the  I  iiiti^d  Stales  is  a 
toj)ic  of  intense  inler<\sl  and  lre(i  invesligalion  ;  and  whili;  the 
fact  is  admitted  hy  all,  and  the  fatal  ellects  of  this  derangement 
arc  obvious  and  uncontradicted,  the  cause  and  the  rcMuedy  are 
subjects  of  iunnediate  and  pressing  attention. 

VV'ithout  pretending  to  he  able  and  skilftd  financiers,  or  ca- 
pabl'-  of  fathoming  all  the  deep  researches  of  those  who  are, 
the  great  mass  of  the  people;  well  know  and  rcmeml)er,  that  six 
years  since,  this  nation  t,'njoy(Ml  a  currency  unsurpassed  in  the 
history  of  tlu;  couunercial  world.  It  united  tlu;  security  of 
the  precious  metals  and  the  (convenience  of  paper.  It  was 
convertible  at  any  moment  into  gold  and  silver,  and  had  obtain- 
ed the  confidcMice  of  the  whoh;  conmninity.  It  was  a  curren- 
cy which  answered  the  great  j)urposes  of  comnu>rcial  exchange, 
possessing  an  e(|ual  and  convertible  value  in  every  part  of  our 
widely  extended  land,  and  enabling  sections  most  distant  from 
each  other  to  negotiate  with  ease  and  safety.  AVhen  it  was 
deemed  expedient  by  (lovernment  to  change  or  destroy  it,  all 
|)ractical  men  admitted  that  we  then  enjoyed  a  safe,  sound  and 
highly  convenient  currency,  which  could  hardly  be  improved, 
and  might  be  impaired,  or  destroyed,  by  sudden  changes  or  ill 
considered  schemes  of  improvement.  The  events  of  the  last 
year  ha\  e  fiillv  demonstrated  that  the  predictions  and  fears  of 
those  who  anticipated  evil  Irom  untrieil  and  uncertam  experi- 
ments upon  the  currency  of  the  country,  were  not  the  mere 
assertions  and  prophecies  of  zealous  opponents,  but  the  far 
reaching  views  of  experienced  statesmen,  anxious  to  preserve 
what  experience  had  proved  salutary  and  usc^ful. 

It  is  undoubtedly  true  that  there  is  a  disj)osition  in  the  com- 
munity to  attribute  to  the  action  of  Government  eflects  which 
are  the  result  of  other  causes.  Rut  when,  as  in  the  instance 
Ix^fore  us,  the  (Jeneral  (Joverninent  avowedly  undertook  to  in- 
tirfore  and  to  change  the  fixed  and  delicate  operations  of  the 
monetary  system,  by  a  new  and  untried   ex])criment,    with  the 


proii 

have 


upon 

expert 

and  w 

ment, 

goveri 

edly  ( 

mean> 

to  tll(> 

and  tl 


oscs  or 
r  iulopt 
out  by 
^'milled 
L  lie  lias 
le  clmr- 

mal  l)iv 
;  mid  it 
■vcr  c'iiii 

itrs  is  a 
lilc  tiic 
ii^eiiuMit 
10(1  V  are 

;,  or  ra- 
iio   are, 

that  six 
'(1  in  the 
iirity   of 

It   was 
1  ol)tain- 
i  cunHMi- 
icchansie, 
rt  of  our 
aiit  iVoiu 
I   it   was 
)y  it,    all 
)uiui  and 
iinovod, 
jics  or  ill 
i'  tlio  last 
I  foars  of 
I   oxpcri- 
hc   mere 
t    the    far 

proserv  0 


the  com- 
ets which 

instance 
3ok  to  in- 
ns of  the 

with  the 


promise  of  otpially  favoral)!*'  rc-ulls,  aiu!  wlu^n  predicted  ed'ects 
have  resulted  Iroiii  the  caiise.^  in  operation,  it  seems  just  and 
pi()|)er  that  the  people  should  hold  their  rulers  respoiisihle  for 
the  e\  ils  uhicli  have  come  u|)on  them. 

I  should  he  most  happy,  if  it  wiis  in  my  |)ower  to  sust^cjst 
lor  your  eoiisideralion,  a  course  of  State  li-i^islatioii,  calculaled 
to  relieve  the  conimunily  and  restore  aiiain  a  sound  currency, 
and  the  reuuiar  operations  of  eomiiuTeial  intercourse.  lint  it 
seems  to  mo  plain  that,  as  the  evils  have  come  upon  us  hy  the 
action  of  the  i!;eneral  jiovernment,  we  must  look  to  the  same 
source  for  the  le<rislation  which  shall  relie\i'  us.  A  ciufency 
to  answer  the  !.^,n'at  ends  for  which  it  is  desiiiiied,  must  be 
J^'dliotuil  i:i  its  character,  and  it  is  in  \ain  to  expect  that  the 
independent  action  of  twenty-six  ditierent  irovjM-nments,  can 
ever  produce  a  uniform  or  wholesome  stale,  without  more 
concert  of  action  than  can  e\  t'r  he  liop(>(l  in  th(-ir  Ici^islation. 
The  remedy  for  this  .National  e\  il  mu.-t  he  found  in  .National 
leeislation. 

It  is  in  vain,  therefore,  for  the  people  to  look  to  their  State 
go\  eriniK'nts  for  relief,  l)ut  their  wishes  and  demands  must  he 
carri(>fl  to  the  halls  of  ('onirress,  wiiere  aloiie  the  power  exists 
to  remedy  the  evil  under  consideration. 

]  am  aware  that  the  existence  of  this  henelicial  power  is 
denied,  upon  th(!  authority  of  men  hii^li  in  o()i({';  hut  I  cannot 
yield  my  assent  to  [jrojjositions  which  rei:ar(l  uoveniment  as 
created  nteroly  for  its  own  sake,  ;md  destined  mainly  to  (H)llet;t 
revenue,  in  a  currency  of  its  own,  to  eiiahle  il  to  cany  on  its 
operations  and  i)ay  its  oOicers.  (Jovcrnment,  as  Uepuhlicans 
understand  it,  is  created  not  as  an  end,  hut  as  a  means  of 
advancinc;  the  interests,  maintaininic  the  rii;hts,  and  protecting 
the  property  and  the  persons  of  the  peoj)le;  and  those  who 
are  the  incumbents  of  its  oflices  are  not  a  pri\  ileu;ed  cl.i>s,  for 
whose  benefit  and  support  exactions  tu'e  made  upon  the  people, 
but  agents  to  carry  forward  and  foster  the  great  objects  it  has 
in  view,  the  prosjiorily  and  liai)piness  of  the  whole  commuriily. 

It  is  peculiarly  unfortunate,  after  a  lonii  series  of  experiments 
upon  the  subject,  without  doubt  or  hesitation,  when  these 
exjierinients  liave  failed,  and  the  old  institutions  are  broken  up, 
and  we  are  in  the  midst  of  doubt,  coidusion  and  embarrass- 
nient,  and  are  looking  with  anxiety  for  relief  to  our  National 
government,  that  those  who  administer  it  should  be  unexpect- 
edly doubtful  of  their  authority,  and  scru])ulnus  of  using  the 
means  in  their  power,  and  that  those  doubts  should  be  carried 
to  the  extent  of  proposing  a  separation  between  the  goveiiinient 
and  the  people  in  the   matter  of  currency.     Jt  i^  i.i  the  power 


r 


6 

of  Coiij^icss  \()  iriiikt!  tliii  srparation,  by  r()m|>rlliiiu;  ilic  jui^- 
inciil  ol  all  (hies  to  the  i^ovcniiiM'iil  in  trold  mid  sil\ cr,  dissolv- 
ing ii!'  coniiuctioii  willi  banks,  and  niaKini;  eacb  <()ll('clin}f  (ifruM-r 
a  special  di'po-'itary;  llms  ('Mcndintc  most  alarmingly  cxccntivo 
[lalroMazc  and  power,  and  lea\inu;  llii'  people  to  manatro  as  (hey 
are  ai)le,  uilli  a  dejjreciated  or  a  fliicliiatini:;  |)aper  eiirroncy. 
lint  it  may  well  be  doubled  wluitlior,  by  sucb  a  course,  the 
!i;reat  object  tor  wliicli  government  was  ronslitnti'd  will  b<' 
answered,  or  wiieilu  r  a  tliiiikinii;  people  will  lonji  eonsenl  to  a 
s(dieme  uliicli  nuist  benefit  the  few ,  to  llie  injury  and  distress 
of  the  many. 

A  (loxcrnment  which  aims  at  nothinir  higher  than  to  sustain 
ilseif,  as  an  independent  or  even  anliiiiciiist  |)ower  to  tin;  poo- 
])le  which  created  it,  and  which  retcards  no  other  view  than  to 
k(H'p  itself  in  motion,  is  not  snch  a  iio\ernment  as  onr  fathers 
instiluled,  and  we  oni;ht  to  enjoy.  The  grisit  and  leading  oIj- 
ject  of  good  ,'^overmnent  is  the  welfaie  of  I  lie  pef>ple,  and  the 
operations  ol'  its  machinery  are  only  important  as  they  siil)- 
serve  those  ends,  'i'he  interests  of  such  a  govermnent  and 
thos(>  of  the  people,  are  one  and  inseparable.  One  currency 
for  the  people  and  anoihor  for  the  government  and  its  oliicers, 
would  b(,'  absurd  as  well  as  ruinous.  I  regard  it  as  clearly 
vithin  the  power,  as  it  is  clearly  the  duty,  of  the  general  gov- 
ernment, to  take  care  of  tin;  National  currency,  and  to  adopt 
those  measiu'cs  which  shall  speedily  and  surely  restore  to  us  a 
sound  and  healthy  circulation  ;  wh.eh  will  be  doubly  welcome 
and  valued  from  the  suH'eriugs  we  have  experienced  since  its 
dt^struclioii. 

The  recent  demonslrations  of  the  popular  will  clearly  point 
to  this  duty  on  the  part  of  our  national  rulers,  iis  one  demand- 
ing ])rompt  and  efficient  action;  and  \\c  have  aright  to  expect, 
tliat  those  who  pi'ofess  obedi(Mice  to  the  popular  will,  as  a  car- 
dinal princij)lo  of  action,  will  follow  without  hesitation  the 
course  demaiidefl  by  the  \()ice  of  the  people. 

In  the  course  of  untoward  events,  occmring  under  the  mi- 
fortunate  system  jiursued,  a  general  suspension  of  specie  re- 
demption by  the  lianks  was  almost  simultaneously  adopted  in 
the  dillerent  States  in  the  month  of  May  last,  and  such  suspen- 
sion has  been  coniimied  until  this  time. 

The  course  was,  in  New  Kngland  at  least,  unprecedented, 
and  can  oidy  be  justified  by  stern  necessity,  and  the  intention 
and  hope  ol'  pre\  euting  irreater  evils  and  more  extensive  em- 
barrassments, which  would  be  likely  to  result  from  any  other 
course. 

It  has    produced  a    stale  of  things  which  ought    not  to  exist 


dinid 
the 
can 
c  are 
any 


,  (lissolv- 
np;  (iflicer 
cxcciitivo 
:o  as  (hey 
ciirroiicy. 

1  will  be 
iis<'iil  to  a 
(1  distress 

to  siistniii 
»  tlic  peo- 
•w  than  to 
)iir  lathois 
'ailiiiij;  ob- 
0,  and  thf 
tlicy  sub- 
inu'iit   and 
)  currency 
ts  officers, 
as  clinirly 
■.neral  gov- 
d  to  adopt 
ore  to  us  a 
r  welcome 
d  since  its 

jarly  point 
e  demand- 
to  expect, 
,  as  a  car- 
it  alion   tiie 

er   the  un- 
specic  re- 
adopted  in 
ich  snspen- 

cedented, 
le  intention 
ensive  em- 

any  other 

lot  to  exist 


one  moment  lonj;er  than  such  necessity  exists — and  the  'Janits 
siionld  he  re(|nired  to  resume  specie  payments  at  the  earliest 
monuMit  that  it  can  he  dont;  consistently  with  the  best  interests 
of  the  \vlK)Ie  |)coplc. 

An  irredeemable  pajxr  currency  is  justly  obnoxious  to  the 
comnuniity,  and  can  b(!  but  temporarily  endured  as  a  choice  ol 
evds.  The  oidy  paper  currency  which  can  or  ouirhl  to  I'lnd  la- 
vor  is  one  based  upon  the  precious  melals,  convertible,  at  the 
will  of  the  holder,  into  irold  and  silver,  without  hindrance  or 
delay. 

Th(>  present  >talr  of  the  Hanks,  !ind  the  ])(M'uliar  relation 
they  now  sustain  to  the  connuunity,  call  for  a  watchful  '^uard, 
and  strict  investifiation  into  their  means  and  modes  of  condtui- 
ing  business,  lint  in  addition  to  the  confidence  the  public 
justly  feel  in  the  inleiirity  and  capacity  of  those  who  adminis- 
ter their  all'airs,  we  ha\  (!  a  strontj  liuaranlee  of  safety  in  th«' 
provision  which,  to  a  certain  extent,  holds  indi\  idiial  pro|>erty 
liable  for  the  debts  and  ])romises  o(   the  corporation. 

Hat  at  all  limes,  and  especially  in  tlw;  present  aspect  ot  af- 
lairs,  the  Hanks  must  expect,  what  the  people  have  a  right  to 
demand,  that  the  constituted  guardians  of  the  public  interests 
will  carefully  inv(\siiirat(^  and  fearlessly  adopt  all  measur<'s  deem- 
ed necessary  to  bririS!;  the  present  unfortunate;  cours(^  to  an  end, 
and  restore  again  the  former  salt;  and  satisfactory  modes  of  eon- 
tlueting  their  all'airs. 

Jt  cannot,  J  think,  ho  expected  that  the  Legislature;  will  le- 
galize by  statute  the  suspension,  or  release  the  liaiiks  from  their 
legal  obligations  to  th(!ir  creditors,  as  such  a  course,  1  i)pj)re- 
hend,  would  be  unconstitutional  and  inexpedient ;  or,  that  on 
the  other  hand,  it  will  take  advantage  of  i.  state  of  thirms  so 
extraordinary,  unprecedented,  'iind  unex[)ected,  to  declare  their 
(barters  forfeited. 

The  forbearance^  of  the  people,  and  the  creditors  of  the 
Hanks,  detnonstrates  that  they  regard  the  course  pursued,  if 
not  with  favor,  at  least  with  forbearance,  and  there  can  belittle 
danger  of  vexation  or  injury  to  these  institutions,  so  long  as  the 
people  are  satisfied  that  tlu^y  are  acting  upon  honorable  prinri- 
ples,  and  with  a  sincere  desire  to  redeem  their  notes  as  soon  as 
circumstances  will  justify  the  resum[)tion  of  specie  payments. 
Tbo  condition  and  operations  of  the  IJanks,  during  the  reccfit 
difiiculties,  will  be  laid  bej'ore  you  in  the  monthly  returns,  and 
the  J{eport  of  the  Hank  ('onnnissioners  ;  and  from  these  you 
vnn  judge  whether,  in  any  instant  e,  there  has  been  a  want  of 
care,  and  circumspection,  and  caution,  in  their  management,  or 
any  evidence  of  a  design  to  imj)rove   their   temporary   r»>lease. 


8 


I 


h 


to  issun  bills  Ixjyond  llieir  avJiilaliic  means.  Sui-li  a  coiirso 
would  <1<'S(MV('  must  |)oiiii(>d  aiiiinadviMsioii,  and  uoo'd  Ix;  u  j(i.i( 
caiiso  for  tin;  rorrcilunM)!' tlnjir  chartcMcd  i'ii;;lits.  H"  tlic  j)rcs- 
ont  sfat<'  olaliairs  is  to  (onliniio,  I  siilimit  lo  your  considcratioii 
tlir  expediency  of  a  lull  invc^stiiialion  of  tlu;  subjeel,  and  llie 
enaelmeni  of  sueli  laws  as  may  Ix'  necessary,  in  addition  to  ilie 
flxistint:;  Statutes,  to  prevent  that  worst  of  all  financial  evils,  an 
irrediM  Miahle  cmrency  ;  in  wliicli  the  jieople  have  no  confidencie, 
and  w'iiieh  may  daily  sink  in  puhlic  estimation,  and  in  market 
value.  It  would  be  iufniitely  better  to  sull'er  all  the  mils  of  a 
eurroney  insullicicMt  in  amount  to  meet  our  wants,  than  to  sei'/(! 
upon  such  a  temiiorary  relief,  which  nnist  result  in  linal  fraud  and 
ruin.  It  is  a  (piestion  deservin;;  your  considcMation,  whethe-r 
any  Hank  should  divide  any  part  of  its  profits,  or  means,  durinif, 
the  suspension  of  specie  payments.  It  would  seem  the  dictate-' 
of  prudence,  as  well  as  justice,  when,  from  any  caus(>,  an  indi- 
vidual or  corporation  suspends  payment,  that  ail  means  should 
he  faithfully  and  scrupulously  husbanded,  to  meet  eventual  lia- 
i)ilities.  Ill  makiiif:;  these  remarks,  I  trust  I  shall  not  bo»  con- 
sid(!red  as  insiiiuatinti;  any  thing  aj:;ainst  the  character  of  tiios*^ 
who  conduct  our  banking  institutions.  I  believi;  that  an  en- 
lii^htonol  "self  interest,  and  a  hit:h  sense  of  their  obligations  to 
the  IJanks  and  to  the  i)ublic,  and  strict  moral  integrity,  have 
led,  and  will  still  lead  them,  to  act  with  reference  to  eventual 
redemption,  and  to  preparations  for  the  event.  IJut  the  rights 
and  interests  of  tix;  public  are  first  to  be  regarded  and  seeureMJ, 
and  honest  men  will  not  object  even  to  strict  regulations,  when 
the  riglits  of  a  whole  people  are  in  cpiestion. 

In  the  present  state  of  all'airs,  it  is  not  ]nobai>le,  that  any 
new  bank  charters  will  be  asked  for,  but  I  cannot  forbear  the 
ri'inark,  that  the  multii)lication  of  small  local  banks  seem';  to  be 
inoxjj'edifjnt  and  unwise;  and  that  if  a  consolidation  of  the  ex- 
isting banks,  by  which  the  number  should  be  reduced  but  the 
capital  not  diminished,  could  Ix;  ell'ected,  by  the  consent  of  the 
corporations,  the  public;  good  would  be  promoted  by  having  in- 
slituiioiis  which  would  not  be  sensibly  aHected  by  small  or  tri- 
lling causes,  and  so  located  and  conducted  as  to  accommodate 
the  conunercial  community.  The  chimerical  and  Utopian  no- 
tion, that  the  vast  and  extending  business  of  a  public  so  full  of 
enterprise,  vigor  and  zeal  as  the  American  nation,  can  be  car- 
ried on  in  a  currency  of  gold  and  silver  only,  is  now,  1  believe, 
exploded.  The  authors  of  such  a  propo-ition  can  never  be 
regarded  as  safe  counsellors  or  j)ractical  statesmen.  The  his- 
•ory  of  the  whole  commereial  world  refutes  the  j)roposition, 
iiid  the  only  wonder  is  that  any  n)an  should  have  proposed  such 


Hi  a  jii.sl 
ic  |)ros- 
(Icratioii 
iiiid  tlit> 
111  to  ill*; 
(!vils,  iin 
i(i(l('nc«', 
iiiark<!t 
ils  of  a 
to  soi/<' 
fraud  and 
wIkjiIh-'i- 
iS,  dmiiiti, 
1(1  dictatt: 
,  nn  iiidi- 
is  shoiihi 
iitiial   lia- 
l)0»  coii- 
ot'  tllOSf 

U  an  en- 
;ations  to 
iiy,   have 

oveiilual 
the  rights 

secured, 
)ns,  when 

that  any 
rbear  tlie 
ein'i  to  be 
f  the  ex- 
1  but  the 
ent  of  the 
having  in- 
iiall  or  iri- 
onimodate 
(ipian   no- 

so    full  of 
m  be  car- 

1  believe, 

never   be 

The  his- 

roposition, 

posed  such 


a  plan,  or  any  yiehh'd  absent  to  such  a  |)roposition.  It  is 
niaiiifesi  that  we  iinisl  have  a  mixed  rurnincy,  if  we  would  re- 
main uhat  we  are,  or  advance  in  our  career,  and  the  duties  of 
le^i>hitors  would  seem  to  In*  plain,  to  lake  care  that,  as  far  as 
pos.siblc,  it  should  he  iiotli  sale  and  (onvenienl,  and  sidtjtu-t  to 
us  few  (liiciuations  or  cliaiii>;es  as  practicable. 

'I'he  law  which  foihids  the  issuing,  or  passing,  or  recei\  int; 
hills  (jf  a  les>  di'nomination  lliaii  li\(>  dollars,  which  originated 
in  lilt!  expresscul  hope  tliiit  iherchy  the  precious  metals  would 
lake  tilt!  pla(;e  of  (hose  bills  in  f;eneral  circulation,  has  been 
found  by  'Xperit'iicr  to  he  iiicniciciil  nm]  powerless,  exct'|)i  in 
ils  operation  upon  oin-  own  banks.  The  bill>  of  banks  of  oth- 
er Stales  have  taken  place  of  our  own  bills,  and  it  is  an  admit- 
ted ffiid  undoubted  fact,  that  the  law,  so  far  as  concerns  in- 
dividuals, is  disrci^arded  in  praclir-c.  The  almost  absolute  ne- 
eessil}  of  haviiiii  a  medium  of  exchange  of  sinalhu'  value  than 
five  dollars,  and  the  withdrawal  of  specie  from  cir(  illation,  has 
probably  led  the  people  to  this  optMi  disrctj;ard  of  a  statute  of 
our  StaUi.  Such  a  result  is  much  to  be  deprecated,  as  obedi- 
ence! to  law  is  cardinal  \  irUu'  in  a  Republic,  and  a  disr(!ii;ard  ot 
oiH"  law  however  obnoxious,  serves  to  weaken  the  rever- 
ence ior  the  whole  code.  IJut  it  is  manifest  that  the  object 
proposed,  th(!  iniroduction  of  uohl  and  silver  into  tin;  circula- 
tion of  the  country,  in  placi!  of  small  bills,  ean  im\  (ir  be  (iU'ect- 
ed  but  by  the  etjiicert  of  ilie  several  adjoining;  States,  the  hills 
of  whose  banks  circulaU^  in  each,  ami  that  our  present  restrain- 
iiii;  law  only  compels  this  State  to  pay  a  hu<;(!  annual  interest 
to  the  banks  of  other  Stales,  and  deprives  our  own  banks  of 
the  privilei;e  of  sn|)plyinti!;  the  eir(Milation.  It  would  setun  to 
be  expi'dienl  to  repeal  the  existing  law,  and  wait  for  calmer 
limes,  and  more  mature  deliberation,  and  mutual  concert  of  sis- 
ter Slates,  before  attempting  to  ellect  the  object,  which  to 
many  is  still  desirable. 

The  Slate,  whose  interests  are  cntrusteil  tcm|)orarily  to  us, 
is  rich  in  resources  alread}  discovered,  and  we  have  reason  to 
believe  is  still  richer  in  those  undiscovered,  or  undeveloped. 
With  a  sea  coast  and  harbors  unrivalled  in  extent  and  capacity, 
with  a  tonnage  second  to  dial  of  but  two  other  States  in  the 
L  nioii,  with  a  hardy  race  of  unecpialled  seaman,  shrinking  from 
no  toil  or  danger,  but  prompt  in  action  {>nd  ready  in  every 
emergency — sustained  and  fostered  by  the  intelligence,  capaci- 
ty and  enterprise  of  our  commercial  and  mercantile  communi- 
ty, Maine  may  justly  rejoice  in  her  maritime  character  and  ca- 
pacity. In  our  exhaustible  quarries  of  granite,  slate,  lime 
rock,  and  beds  of  iron  ore,    we  have  sources   of  employment 


10 


y 


for  our  vessels,  and  wealth  for  our  eitizens,  and  even  the  solid 
ice  ot  onr  nfrtherii  elimate  is  convcMted  into  an  article  of  eom- 
iiierce.  'Viie  immense  forests  of  pine,  and  other  valuable  tim- 
ber, witliin  tin;  rightful  limits  of  this  State,  are  justly  refj;arded 
as  of  immense  and  unquestionable  value,  for  from  them  must  be 
drawn  the  supply  for  a  lar2;(>  part  of  the  Union,  and  the  demand 
must  steadily  and  permanently  increase.  Temporiiry  embarrass- 
ments or  fluctuations  m.y  produce  a  check  in  the  sale,  or  a 
distrust  of  the  real  value.  FJut  whoever  calndy  considers,  and 
carefully  and  deliberately  calculates  the  cost  and  charges  and 
the  ultimate  value  of  manufactured  lumber,  must  be  satisfied 
that  there  is  no  safer  investment,  at  reasonable  ])rices,  corres- 
ponding with  ^uch  estimates,  than  in  timl/cr  lands,  situated  up- 
on or  near  navigable  waters.  'I'lie  value  of  such  lands  yet  un- 
sold and  belonging  to  this  State,  is  very  great,  and  with  pru- 
dent management  and  foresight  on  the  part  of  I^egislators  may 
yet  yield  a  revenue  siiflicient  for  all  our  wants.  JJut  whether 
the  title  to  the  lands  is  in  tiie  State  or  in  individuals,  we  have 
wiihin  our  borders  this  source  of  wealth  and  profit,  and  it  be- 
comes us  to  protect  and  cherish  it.  In  th(!  developement  of 
the  resources  of  our  Slate  by  measures  of  internal  improve- 
ment, the  improvement  of  the  navigation  of  the  rivers,  lakes 
and  streams,  through  which  lumber  is  transported  to  market, 
claims  early  attention.  I  liave  bc(>n  informed  by  j)ractical  and 
judicious  men,  that  l)y  an  economical  expenditiu'e  of  small  sums 
of  money  in  clearing  those  streams  and  erecting  dams,  a  vast 
amount  of  our  best  timber,  which  is  now  almost  valueless,  may 
be  easily  and  safely  transported  to  market.  If,  upon  investi- 
gation, facts  should  sustain  these  opinions,  it  is  deserving  your 
consideration  whether  justice  and  expediency  do  not  authorise 
you,  as  Legislators  and  t^uardians  of  the  interests  of  Maine,  to 
aid  in  the  prosecution  of  such  undertakiiiiis.  The  State  is  yet 
the  [)rincipal  owner  of  the  lands  to  be  benefited,  and  in  a  mere 
pecuniary  view  it  would  seem  good  policy  to  encourage  and  aid 
in  these  improvements,  as  adding  innuediatc^ly  and  visibly  to 
the  market  value  of  our  timber  lands,  and  e\('ntually  to  an  in- 
crease of  our  receipts  into  the  Treasury,  front  the  sale  of  those 
lands,  much  beyond  the  amount  expended.  TIkj  more  liberal 
and  extended  view,  which  looks  to  the  dtn elopement  of  all  om* 
resources,  and  to  the  advancement  of  j)ubli('  interests,  with 
those  of  individuals,  by  decided  action,  will  retiiard  such  opera- 
tions as  an  encouraging  rommencement  ot"  a  system  of  internal 
improvcMnents,  which  shall  hereafter  bring  iiilo  vigorous  and 
successful  action  the  powers  and  capacities  of  our  State  and  its 
citizens.     If  Maine  is  ever  to  take  and  to  hold  the  rank  she  is 


11 


tie,  to 
is  yet 

mere 
nd  aid 

ily  to 
an  in- 

tliope 

ihoral 
all  our 
with 

tpcra- 
itcnml 
IS  and 
and  its 

she  is 


entitled  to,  by  lior  natural  resources,  her  abundant  means  ntul 
her  undouliled  capabilities,  we  nuist  unit(,'dly  and  \  itrorously 
and  ))romittly  follow  the  example  of  our  sister  Slates,  by  a  well 
considered  and  judicious  system  of  internal  improvements, 
adoptefl  without  sectional  partiality,  or  the  bias  of  individual  in- 
terests. The  limes  are  not  perha|)s  at  this  moment  jjropilious, 
but  a  e;reat  and  strono;  people  cannot  long  remain  disheartened, 
or  subdued,  by  calamity,  or  misgovernmenl,  and  the  time  can- 
not be  far  distant,  when  Maine,  if  her  TiCgislators  are  wis(>,  will 
awake  to  her  true  and  permanent  interests,  and  po  forward  in 
this  great  work,  the  developement  of  her  abundant  resoiu'ces. 
It  is  time  to  hes^in  the  work,  even  if  our  jilcans  are  limited,  and 
onrmeans  circumscribed.  It  lias  lonii  been  a  source  of  f(<gret 
that  at  the  time  of  the  separation  from  our  parent  ( 'ommon- 
wealth,  we  did  not  acquire  a  title  to  all  the  lands  within  our 
limits.  But  wc  may  congratulate  ourselves  and  the  peo[)le, 
that  Massachusetts,  in  her  legislation  and  her  acts  in  relation  to 
her  lands  in  ^^aine,  has  exhii)ited  the  same  high  minded,  hon- 
orable and  liberal  j)olicy,  which  has  always  characterised  her, 
and  given  her  the  high  distinction  and  enviable  reputatioi\  she 
enjoys.  If  the  past  is  any  guarantee  for  the  future,  we  may 
confidently  trust  that  Massachusetts  will  concur  and  aid  in  all 
reasonable  and  feasible  schemes  of  Improvement,  in  relation  to 
the  public  lands. 

The  valuable  lands  belonging  to  the  8tate  are,  by  general 
understanding  and  consent,  divided  into  two  classes,  the  timber 
and  the  settling  lands.  I  believe  that  those  townships,  which 
are  principally  valuable  for  the  timber,  are  compaiatively  of  little 
value  as  settling  lands.  A  distinct  and  diflerent  policy  may 
therefore  be  safely  adoj)ted  in  relation  to  each. 

Our  timber  lands  may  be  regarded  chiefly  as  sources  of  re- 
venue, and  be  sold,  at  such  times,  and  in  such  parcels,  as  the 
pecuniary  interests  of  the  State  may  require.  But  the  settling 
lands,  in  my  view,  are  to  be  regarded  not  so  much  in  reference 
to  money,  which  might  be  obtained  by  the  sale,  as  in  reference 
to  their  capacity  to  su])port  and  yield  subsistence  to  a  vigorous 
and  hardy  ])opulation.  The  leading  object  of  policy  should  be 
to  encourage  tljo  settlement  of  those  tracts,  and  to  place  on 
them  a  free,  enterprising  and  industrious  people.  Such  a  pop- 
ulation adds  inT.nitely  more  to  the  real  wealth  and  power  of  the 
State,  than  thousands  of  dollars  placed  in  the  treasury,  by  some 
absent  purchasei,  who  would  feel  no  otiier  interest  than  to  re- 
alize money  fr»mi  the  sale  to  settlers.  The  strong  armed  and 
strong  hearted  pioneers  of  civilization,  who,  le.iving  the  ac- 
customed comforts  and  enjoyments  of  established  ^ociety,  with 


k 


i 


13 

steady  pcrsovoranr(!,  and  uiidauntod  courage,  penetrate  and  sub- 
due our  native  foriists,  and,  with  the  pati<'nt  toil  of  years,  await 
the  iirachial  introduction  of  the  arts  and  comforts  ofth(>ir  earlier 
hfe,  certainly  deserve  all  the  aid  and  encouragement  whieli  can 
be  justly  extended  to  them. 

They  have  obstacles,  and  difliculties,  and  discouragements 
enough  to  subdue  any  thing  but  Yankee  enterprise  and  detiMiui- 
natiou,  and  surely  we  ougiit  not  to  add  neglect  or  inditi'erence 
to  their  claims,  on  the  ])art  of  government. 

The  fertility  of  the  <o\],  in  the  unsettl(>d  part  of  our  territory, 
is  placed  l)eyond  a  doubt,  by  recent  (explorations  and  examina- 
tions, and  strong  inducements  are  there  held  out  to  emigrants 
to  locate,  with  the  almost  certain  assurance  of  eventual  inde- 
pendence. It  surely  needs  no  extended  argument  to  |)rove, 
tiiat,  in  every  point  of  view,  our  first  duty  is  to  encourage  the 
settlement  of  that  territory.  TiCt  the  lands  not  already  located, 
be  located  in  conveniently  small  tracts.  liCt  them  be  offered 
to  actual  settlers  only,  at  a  low  price.  Tjct  the  State  retain 
the  title,  until  settling  duties  are  performed,  and  take  great  care 
that  the  actual  settler  has  the  fruit  of  his  labor  ;  and  let  that 
price,  when  necessary,  be  expended  in  labor  on  the  highways, 
or  other  improvements.  Let  roads  be  opened  to  accommodate 
the  settlers,  and,  wliat  is  more  than  all,  let  the  settlers  feel  an 
assurance,  that  the  State  is  their  friend,  not  in  word  only,  but 
in  deed,  and  will  aid  and  protect  them  in  their  arduous  strug- 
gles, and  we  shall  find  no  want  of  men  to  peopb;  our  territory. 

Our  ititerests  as  mere  land  holders  would  prompt  to  liberali- 
ty in  aiding,  with  regard  to  building  roads,  and  other  improve- 
ments, to  bring  the  laud  into  use,  and  a  higher  and  more  ex- 
tended policy  points  to  th(>  sann;  course  of  action.  The  road 
already  commenced,  leading  to  the  Aroostook,  is  important  in 
many  respects,  and  the  settlement  of  that  tract  is  an  object  of 
paramount  importance  to  the  strength  and  security  of  our  State. 

I  commend  the  subject  to  your  attention,  confident  that  a 
work  which  promises  so  much  of  good  to  the  best  interests  of 
the  State  will  not  be  suffered  to  languish. 

Frecjucnt  changes  in  existiuir  laws  is  an  evil  of  great  magni- 
tude, and  should  never  be  encouraged  for  light  or  transient  cau- 
ses, or  temporary  inconveniencies.  Certainty  and  stability  are, 
in  matters  of  positive  enactment,  fr(>f]uently  of  more  inijiortanci; 
than  the  form  or  requirements  of  tlie  rule,  and  society  often 
suffers  more  from  the  doubt  and  uncertainty  introduced  by  al- 
terations and  additions,  which  are  assumed  to  be  improvements, 
than  by  the  casual  and  individual  hurdsh'^is  of  the  former  law.  But 
when  manifest  injustice  and  general  embarrassment  result  from 


M» 


•t  of 


13 

the  operation  of  any  Statute  or  law,  it  is  tlio  duty  of  wiso  legis- 
lators to  abolish,  or  remodel  it.  1  submit  to  your  consideration 
the  exi)ediency  of  so  aniendinsj;  the  law  relative  to  the  atiaeh- 
ment  of  ri;al  estate,  as  to  abolish  the  system  of  private  attach- 
ments; by  rc(|uiring  all  such  attarlimcnts  to  be  recorded  in  the 
registry  of  deeds  lor  the  County,  or  with  the  town  clerk  of  the 
town  where  the  land  is  situated,  and  also  requiring  that  all  ex- 
isting attaehuKMits,  in  oriler  to  be  valid  from  the  time  they  were 
made,  shall  also  be  so  recorded  within  a  sj)eci(ied  time. 

J  am  aware  that  there  are  some  considerations  of  conven- 
ience in  favor  of  the  existing  law;  but  the  manifest  evils  of  the 
system  seem  to  mo  far  to  outweigh  them  all.  Secrecy  is  not 
to  be  fa\ored  in  a  rej)ublican  government,  and  our  whole  sys- 
tem and  course  of  legislation,  in  reference  particularly  to  the 
title  to  real  estate,  is  at  variance  with  this  feature.  Our  regis- 
tries of  deeds  arc  established  for  the  very  i)urpose  of  giving 
public  notoriety  of  title,  and  to  enable  any  man,  by  ins])ection, 
to  asi  (utain  the  existing  facts.  IJut  the  title  may  be  perfect 
upon  record,  and  the  purchaser,  relying  upon  that  record,  may 
lose  his  money  and  his  title,  by  reason  of  some  secret  and  un- 
known attachment  before  the  purchase.  The  general  convic- 
tion of  this  fact  operates  to  embarrass  negotiations  in  real  estate 
"without  benefit  to  any  one,  and  defeats,  in  a  great  measure,  the 
intended  benefits  of  our  system  of  registry. 

"J'he  many  recent  examples  of  the  assumption  of  power  to 
piniish  or  prevent  assumed  evils,  by  lawless  and  unrestrained 
bodies  of  men,  self  constituted  and  self  authorised,  have  given 
fearful  evidence  of  a  spirit  gaining  strength  in  the  connniinity,  at 
war  with  the  very  elementary  principles  and  only  safeguards  of 
our  institutions. 

The  will  of  the  [)eoj)le  is  the  supreme  law  ;  but  it  is  that 
will  constitutionally  expressed  and  lawfully  executed.  The 
majority  must  govern  —  but  they  nuist  govern  by  standing  laws, 
ecpial  in  their  operjition  and  general  in  their  exactions,  and  en- 
acted by  a  majority  of  the  whole  people,  and  not  by  the  sud- 
den determination  of  an  accidental  assemblage.  Theoretically 
and  strictly  speaking,  according  to  our  system,  a  law  should  be 
the  expressed  will  of  every  individual  citi/en.  Jiut,  in  fact, 
the  only  i)raclicable  theory  is  that  which  authorises  the  major- 
ity to  govern. 

It  is  evident  that,  under  such  a  government,  the  grctt  .secu- 
rity for  the  rights  of  a  minority  is  found  in  the  j)rovisioi).i  of 
the  fundamental  law,  and  the  enactment  and  ex(!cutit)n  of  gen- 
eral laws,  reaching  all  and  binding  all,  well  considered  and  (olni- 
ly  adopted  and  judicially  administered. 


14 


la 


Constifntionul  law  is  llu;  Ijroad  and  amplo  sliiold  under  which 
a  wholi-  >)ooj)lc  rest  in  security  and  jjcace.  Like  the  alnio.s- 
pliere  in  wliicli  we  move,  it  presses  willi  immense,  but  equal 
and  balanced  power,  to  sustain  the  body  j)oliiic.  It  protects 
the  infant  in  its  cradle,  and  the  magistrate  in  the  seat  of  justice. 
It  f^ives  the  consciousness  of  secuirity  and  safety  to  the  unarm- 
ed and  the  peaceful,  and  is  more  than  bolts  and  bars  in  guard- 
ing every  man's  castle  —  his  own  domestic  hearth.  'J' he  weak 
fear  not  the  strength  of  the  powerful,  <uid  the  poor  and  (h^spis- 
od  tremble  not  at  the  oppressor's  frown.  To  such  law  every 
good  citizen  bows  in  cheerful  submission,  and  with  ready  ac- 
(juiescence,  for  it  is  but  the  end)odied  expression  of  his  own 
sovereignty.  But  when,  uistead  of  the  law  of  legislation,  we 
have  th(!  law  of  the  strongest,  and,  instead  of  judicial  and  ex- 
ecutive administration,  the  summary  intiictions  of  an  infuriated 
mob,  stung  to  madness  by  temporary  rage,  savage,  remorse- 
less and  irresj)onsible,  excit  ul  by  some  imagined  insult  or  real 
injury,  or  perhaps  by  the  expression  of  obnoxious  and  unpop- 
ular sentiments  —  we  have  a  state  of  society  at  which  the  bold- 
est may  well  tremble,  and  the  most  ardent  despair. 

If  the  liberty  of  speech  means  only  a  right  to  speak  doctrines 
popular  at  the  moment,  or  place  of  utterance,  and  the  freedom 
of  thought  and  action  means  only  a  right  to  tliink  and  act  as  the 
majority  dictates — and  if  even  violations  of  law  or  propriety 
are  not  to  await  the  due  process  of  law,  but  are  to  be  punished 
without  trial,  by  any  number  of  men  who  may  assume  the 
authority  and  the  right  to  determine  the  nature  and  extent  of 
punishment,  and  to  administer  it  at  their  own  pleasure,  trampling 
down  law  as  not  binding  tlieir  will — then  indeed  will  our  fathers' 
struggles  have  been  worse  than  in  vain,  and  wa  shall  justly 
become  a  bye-word  and  a  r(Ji)roach  among  tJie  nations  of  the 
earth.  Law  and  order  must  be  reverenced  and  maintained,  or 
we  sink  into  that  worst  of  all  social  conditions,  anarchy,  and 
become  subjects  to  that  most  fearful  of  all  tyrants,  the  will  of 
the  strongest. 

Our  system  of  Municipal  law  consists  of  enacted  Statutes, 
and  the  numerous  principles  of  the  common  law.  Jt  is  cer- 
tainly desirable,  that  us  far  as  practicable,  all  laws  should  be 
clearly  defined  and  positively  expressed,  so  that  little  should  be 
left  to  the  construction,  definition,  or  will  of  any  individual, 
clothed  with  the  power  of  administering  them. 

We  repudiate  the  notion  of  Judicial  legislation,  and  hold 
judges  bound  to  act  as  agents  to  expound  and  enforce  existing 
laws.  It  is  alike  for  the  interest  of  all,  therefore,  to  have  those 
laws  simplified  and  made  certain,  and  particularly  the  criminal 


15 


I 


code,  which  defines  criinos  and  their  punishment.  Wht!«*e 
men's  ri^lils,  hl)erty  and  reputation  are  al  slake,  as  htth^  should 
be  left  to  judi('ial  or  executive  (hseretion,  or  conslruelion,  as 
in  the  nature  of  things  is  practicable.  1  have  thought  that  a 
codification  of  the  criminal  law,  linibodying  a  definition  of  all 
crimes  known  in  the  Statutes  and  common  law,  and  the  j)unish- 
ment  for  each,  would  serve  to  render  the  law  more  certain,  and 
better  understood  by  the  connnunity,  and  leave  less  to  construc- 
tion or  inference.  Vou  may  j)erhaj)s  deem  it  ex|)edient  to 
create  a  board  for  this  purpose.  1  submit  the  proposition  to 
your  mature  consideration. 

Our  Militia  system  had  its  orii!;in  in  the  early  days  of  our 
coinitry,  and  in  its  leading  leature,  the  arming  and  (lisci|)lining 
free  citizens  in  lieu  of  a  standing  army,  is  in  consonance  with 
the  genius  and  s})irit  of  our  republican  institutions.  Ji  recpiires 
a  personal  service  of  our  (litizens,  and  the  burden  does  not, 
like  taxes,  fall  upon  the  property  of  the  country,  but  n(!('cssa- 
rily  upon  those  who  are  not  wealthy.  'J'he  system  is  intended 
for  the  i)rotection  of  proj)erty,  as  well  as  individuals,  and 
property  ought,  in  justice,  to  be  held  to  a  contribution  for  its 
support.  1  am  fully  convinced  of  the  utility  aiu!  importance 
of  a  militia  system,  which  shall  ensure  at  least,  the  arming  and 
organization  of  the  people,  ready  for  innnediate  action  and 
more  complete  discipline,  should  occasions  arise  for  their 
services.  In  time  of  profound  and  long  continued  peace,  it  is 
natural  Uiat  feelings  of  doubt  and  inditlcrence  toward  an  appar- 
ently onerous  and  useless  system  should  at  times  arise,  but 
reflection  and  calm  deliberation  will  lead  to  the  conclusion, 
that  a  system  founded  by  our  fathers,  those  strong  and  clear 
headed  men,  who  never  adopted  a  measure  simply  because  it 
was  splendid  in  exhibition,  is  not  to  be  overthrown  or  abandon- 
ed, for  light  or  transient  causes.  A  new  and  better  spirit  is, 
I  trust  and  believe,  gaining  ground  in  the  community  upon  this 
subject,  and  by  the  adoj)tion  and  enforcement  of  wise  laws, 
which  shall,  as  far  as  practicable,  etpialize  the  burthen  and 
relieve  those  leasi  able  lo  bear  it,  and  arouse  a  high  and  gen- 
erous military  spirit  in  the  people,  we  may  confidently  trust,  to 
S63  thip  branch  of  our  State  organization  assume  the  high  and 
honorable  stand  to  which  it  is  entitled. 

The  report  of  the  Adjutant  (Jeneral  will  exhibit  the  present 
state  of  our  militia,  with  such  suggestions  as  may  to  him  appear 
important. 

It  is  certainly  a  remarkable  fact  that,  fifty-five  years  after  the 
recognition  of  Americ;m  Independence  by  Great  Briiain,  and 
tlie  formal  and    precise  demarkation  of  our  limits  in  the  treaty 


16 


l!  «- 


ka 


of  peace,  the  extent  of  those  limits,  and  the  territory  rightfully 
subject  to  our  jurisdiction,  siiould  be  a  matter  of  dispute  and 
diflerence.  J  feel  it  to  be  my  duty,  in  this  my  first  oflicial 
act,  to  call  your  attention  to  that  \  itally  im])ortant  question, 
the  true  I'lnils  of  oin*  State,  and  to  express  to  you  and  the 
people  my  views  of  the  claim  set  up  by  a  foreign  State  to  the 
rightful  possession  of  a  large  part  of  our  territory. 

1  do  not  intend  to  enter  into  a  historical  detail,  or  an  elabor- 
ate argum(!nt  to  sustain  the  American  claim  on  our  North  Kas- 
tcrn  Jioundary.  'i'he  whole  subject  has  been  for  years  before 
the  pe()pl(>,  and  our  riglits,  and  tiie  grounds  upon  which  they 
rest,  have  been  ably  tnaintained,  and  clearly  set  forth,  in  our 
formal  documents  and  informal  discussions. 

1  will  not  trespai:s  needlessly  upon  your  time  and  patience 
by  a  recapitulation.  Jf  there  is  any  meaning  in  plain  language, 
and  any  binding  force  in  treaty  engagements,  if  recognition  and 
acquiescence  for  a  long  series  of  years  on  the  part  of  (Jreat 
Britain  in  one  uniform  expression  and  construction  of  the 
boundaries  of  her  Provinces  of  Canada  and  Nova  Scotia,  is  of 
any  weight,  then  the  right  of  Maine  to  the  territory  in  dispute, 
is  as  dear  and  unquestionable  as  to  the  spot  upon  which  we 
now  stand.  It  requires  indeed  the  exercise  of  charity  to 
reconcile  the  claim  now  made  by  (rreat  Britain  with  her  pro- 
fessions of  strict  integrity  and  high  sense  of  justice  in  her 
dealings  with  other  nations;  for  it  is  a  claim  of  very  recent 
origin,  growing  from  an  admitted  right  in  us,  and  proceeding, 
first,  to  a  request  to  vary  our  acknowledged  line  for  an  equiva- 
lent, and  then,  upon  a  denial,  to  a  wavering  doubt,  and  from 
thence,  to  an  absolute  claim. 

[t  has  required,  and  still  requires,  all  the  talents  of  her 
Statesmen,  and  skill  of  her  diplomatists,  to  render  tliat  obscure 
and  indefinite,  which  is  clear  and  unambiguous.  I  cannot  for 
a  moment  doubt,  that  if  the  same  question  should  arise  in  pri- 
vate life,  in  relation  to  the  boundaries  of  two  adjacent  farms, 
with  the  same  evidence  and  the  same  arguments,  it  would  be 
decided  by  any  court,  in  any  civilized  country,  without  hesita- 
tion or  doubt,  according  to  our  claim. 

litit  (Jreat  Brit.'un  was  anxious  for  a  direct  communication 
between  her  Provinces.  She  sought  it  first  as  a  favor  and  a 
gr.tnt.  She  now  demands  about  one  third  part  of  our  territory 
as  her  right. 

The  pertinacity  and  apparent  earnestness  and  confidence 
with  which  this  claim  is  urged,  in  the  very  face  of  the  reaty, 
and  the  facts  bearing  upon  the  question,  have  been  increased, 
I  fear,  by  the  probably  unexpected  forbearance,  if  not  favOr, 


i 


^ 


and  01 
the  pa 
tlie  ti 
But 
there 
since 
the  trii 
head  o 
nortJi  I 
Nova 
cuthon 
We 
the  hei 
^t.  La 
tain  its 
marks 
We 
northw( 
of  land 


17 


of  her 
jsciire 
inot  for 
in  pri- 
farms, 
iild  be 
lesita- 


fidenc6 
reaty, 

reasfed, 
favor, 


with  which  thoy  havo  hcvn  rcrcivrd  and  treated  by  the  Aiiht- 
icati  aulhoritios.  It  ran  liiirdly  ho  a  rnJittcr  of  siu  p.isc  that  the 
claim  is  pressed  upon  ns,  when,  in-tead  of  stainlin::  upon  the 
treaty — pUiin  dcfinile  and  capahle  of  execution  as  a  manifestly 
is,  our  own  f;,eneral  •;<••  ernment  has  volui\taril\  snt:i:t'sted  a 
variation  of  that  line,  ct^rtainly  in  their  favor,  by  ruiiniu'i:  west 
of  the  due  north  line!  of  the  treaty,  and  there  to  seek  the  hisj;!)- 
lands;  thus  yieldinti  n|)  the  slartinu;  point,  th(;  northwest  an^le 
of  Nova  Setnia,  and  tlirowina;  the;  whole  matter  into  uncertainty 
and  confusion.  tOriunately  for  us,  the  lOniriisli  netrotiaiors, 
thinkina;,  probal)lyi  that  a  nation  wliich  would  yield  so  much, 
would  prohahly  yield  more,  declined  the  proposition,  unless 
other  concessions  weie  made.  'The  remarkable  adjudication 
made  by  the  arbiter,  selected  under  the  treaty,  resullin;;  merely 
in  advice,  the  movement  on  the  part  of  Maine,  in  1832,  in  the 
ne2;otiation  in  relation  to  yieldioi^  up  the  territory  for  an  ecpiiv- 
alent,  the  apparent  apathy  and  inrliHereiice  of  the  <;e!ieral 
4;overnment  to  the  encroachiu!^  jurisdiction  by  New  lirnn^wick, 
her  unopposed  establishment  of  a  wardensliip  over  the  territory 
— the  rej)eated  incarceration  of  the  citizens  of  Afaine,  for  acts 
done  on  tliis  hor  territory,  almost  without  a  murmur  of  disap- 
probation or  remonstrance,  and  the  delay  of  the  I'resident  to 
run  the  lino  as  authorised  by  C^onc;ress,  have  all,  1  fear,  served 
to  streni^lhen  and  encourage  the  claim,  which  was  first  put  forth 
with  doubt  and  ari!,ued  with   many  uns^ivins;s. 

Tlie  commission  and  ari)itration  und(U"  treaty  having;  failed, 
And  our  idtra  liberal  oilers  beins;  either  declined  or  nea^lected, 
the  parlies  are  turned  back  to  their  rights  and  their  limits  under 
tlic  treaties  of  l7So  and  1814. 

But  in  truth,  tho  only  question  in  dispute,  or  about  which 
there  was  any  dilfercnce  between  the  two  governments,  until 
since  thci  last  war  and  the  last  tn>aty.  w  a-  as  to  which  river  was 
the  true  St.  Croix  of  the  treaty.  'J'liis  being  settled,  and  its 
head  or  source  fixed,  (as  it  has  beeii^  the  iine  is  to  run  due 
north  to  the  south  line  of  Canada,  and  the  northwest  angle  of 
Nova  kScotia.  That  lint  should  ht  run  witkoul  tlchuj^  as- 
authorised  by  Cons^ress. 

We  want  the  information  and  the  facts;  we  wish  to  examine 
the  heighth  of  land  which  divides  the  waters  flowing  into  the 
St.  Lawrence,  from  those  running  into  the  Atlantic,  and  ascer- 
tain its  elevation  and  character.  We  wish  to  have  our  land- 
marks placed  on  our  exterior  limits,  and  maintain  our  own. 

We  wish  to  test  the  truth  of  the  assertion,  that  there;  is  no 
northwest  angle  of  Nova  Scotia,  and  no  such  dividing  heighth 
of  land  as  the  treaty  contemplates,  by  a  correct  and  scientific 


I 


ll 


18 

cxaiiiiiialioii  on  \hr.  Uwr.  of  ilii?  o:irtli.  Siircly  rit^hls  of  e\iiiiii- 
Miiiion,  wliicii  are  socincd  lo  individual  claiinants,  uro  not  to  bo 
Ui;ni(.{l  lo  Sovereign  States. 

Hnr  situation  in  relation  to  tliis  (|iiestion,  ouinsz;  to  the  peeii- 
l:>ir  nature  ol  unr  government  and  institutions,  is  interestiiiii;, 
viewed  eitlier  with  referenee  to  tlie  f()reiu;ii  power  witli  whicrli 
we  are  at  issue,  or  our  own  general  ijoverinnenl.  (  hir  ri^lit 
and  title,  clear  und  (X'rfect  as  we  helieve  tlieni  to  he,  are,  it 
nuisl  lie  admitted,  subjects  of  dispute,  and  the  lirst  and  threat 
(luestiou  is,  how  is  this  dispute  to  he  settled  ?  The  line  (lisj)n- 
led  is  tlie  Mastern  houndaiy  of  the  I'nited  States,  ami  of  the 
Slate  ol  iVlaine.  The  general  i^overinnent  is  the  only  ])ower 
wliicii  hy  the  constitution  can  treat  with  a  iorei;j;n  government, 
or  be  acknowledged  nv  known  hy  that  government,  in  nei^^oti- 
arions.  .Maine  atknowlcdges  tiu!  ritlht  of  the  general  goveni- 
niont  to  estahlish  the  line,  according  to  the  terms  of  the  treaty 
of  178.),  and  claims  a  performance  of  that  duly  without  delay, 
iiut  w  liilst  she  concedes  that  power,  she  insists  with  equal  con- 
lidence  upon  the  position,  that  no  variation  of  the  treaty  line, 
no  cession  of  any  pari  «)f  our  t(>rritory,  and  no  conventional 
line  can  be  granted  or  adopted,  without  the  consent  of  this 
State. 

Whatever  territory  is  included  within  the  line  running  from 
tlic  liorthwest  ai;gle  of  iXova  Scotia  westwardly  along  the  high- 
lands which  divide  those  rivers  that  empty  themselves  into  the 
St.  J^awrence,  from  those  which  fall  into  the  Atlantic  ocean, 
to  the  northweslernmost  head  of  the  ( Connecticut  river,  and 
the  line  running  directly  south  from  said  angle  to  the  establish- 
ed source  of  the  river  St.  ('roix,  is  within  the  State  of  Maine. 

i(  there  is  a  disjjute  as  to  the  location  of  that  angle,  and  those 
lines — that  question,  and  that  question  only,  is  to  be  settled  by 
the  general  government. 

In  making  this  assertion,  we  do  not  more  distinctly  acknow- 
ledge a  |)ower,  than  claim  the  |)erforinance  of  a  duty.  In  the 
nrst  sentence  of  the  Constitution  of  the  I  Miited  States,  one  of 
the  imporlant  objects  in  the  formation  of  that  constitution,  as 
there  expressed,  is,  "■  to  provide  for  the  common  defence," 
and  tiiis  duty  is  afterwards  in  the  same  instrutneni,  more  spe- 
cifically pointed  out  in  the  provirjon,  that  "•  The  United  States 
shall  guarantee  to  every  State  in  this  I'liion  a  republican  form 
of  government,  and  shall  protect  each  of  them  against  invasion." 
Ihuhn*  that  constitution,  the  exercise  of  certain  rights  was  de- 
nied to  the  States;  all  not  expressly  taken  away  were  reserved 
to  the  States — and  certni  ;  new  rights  were  created. 

Foremost,  and  nH)si  iiiiiH)rtant,  of  those  newly  created  State 


I 


10 


hI  by 

inow- 
ihe 

lie  of 
as 

nee," 

spe- 

(latcs 

form 

jion." 
i  de- 
irved 

State 


rights,  is  the  riglit,  on  the  part  of  each  State,  to  (leuiiind  the 
aid  of  all,  by  the  aetion  of  the  general  government,  whenever 
iuiy  foreign  power  interferes  witii  the  territorial  rights  of  such 
State. 

No  State  is  to  he  left  to  defend  its  soil  and  maintain  its  just 
rights  single  handed  and  alone, — to  engage  in  border  skirm- 
ishes and  parti/an  warfare,  and  sustain  tiiat  warfare  at  its  own 
exjiense. 

It  is  the  dui}'  of  a  State  to  eliiiin  and  assert  its  rights  to  ju- 
risdietion,  and  it  is  the  duty  of  the  general  governinent  to  pro- 
tect and  niaintnin  them,  if  just  and  well  founded.  Tiie  ack- 
nowledgement of  this  Stat(!  rigiit  to  jirotection  is  particnIarK' 
important  to  Maine,  environed  by  foreign  territory,  and  form- 
ing a  frontier  State  in  the  I  nion.  ])enie(l  the  ))ower  to  nego- 
tiate with  foreign  governments,  or  to  (hiclare  and  carry  on  war 
in  defence  of  her  rights,  this  StaK;  can  call,  in  a  strong  voici-, 
upon  that  government  to  which  has  been  delegated  those  high 
powers,  for  protection  in  tin;  exercise  of  her  jurisdictional  rights 
Perfect  unity  of  purpose  and  frankness  in  disclosures  ontrlit  to 
characterize  all  intercourse  between  the  State  and  National 
Governments,  on  this  topic.  No  course  is  so  well  calculated 
to  lead  to  distrust  and  embarrassment,  and  to  inspire  confidenc;' 
in  the  opposing  claimants,  as  diplomatic  evasions  and  jarring 
and  discordant  corresjiondence.  We  would  use  no  threats  of 
disunion  or  resistance.  We  trust  that  it  will  never  be  neces- 
sary for  a  State  to  assume  a  hostile  attitude,  or  threatening  lan- 
guage, to  enforce  practically  its  claims  to  protection. 

But  Maine  has  a  right  to  know,  fully  and  explicitly,  the 
opinion  and  determination  of  the  general  government,  and  whe- 
ther she  is  to  be  protected,  or  left  to  struggle  alone  and  un- 
aided. I  see  little  to  hope  from  the  forbearance  or  action  of 
the  British  government.  Their  policy,  it  is  apparent,  is  to 
delay  a  settlement  of  the  question,  and  to  extend  their  actual 
jurisdiction  over  the  territory,  that  it  may  ripen  into  a  right, 
or  at  least,  in  future  controversies  give  them  the  advfuitage  of 
possession. 

The  loose  and  extremely  nndefined  jurisdiction  over  the 
small  French  settlement  at  Madawaska,  has  been  the  foundation 
of  a  claim  to  actual  jurisdiction,  and  the  establishmeut  of  war- 
dcnship  over  the  whole  territory.  In  pursuance  of  this  plan 
and  policy,  they  have  seized,  at  various  times,  heretofore, 
American  citizens,  and  thrust  diein  into  prison,  for  alleged 
oftences, — and  during  the  past  season,  the  Lieut.  Governor  of 
New  Brunswick  has  visited  the  territory  in  person,  and  receiv- 
ed the  loyal  assurance  of  such  of  its  inhabitants  as  were  ready 


30 


li 


to  acknowledge  ilioir  Jillcgiaiico.  A  citizoii  of  our  State,  Kb- 
cne/er  S.  (lietly,  now  lies  imprisoned  at  Frederirlon,  sei- 
zed, as  il  is  said,  for  exercising  power  delegated  to  him  nndcr 
a  I;i\v  of  this  State.  The  farts  connerted  with  this  arrest,  are 
unknown  to  me,  and  I  therefore  forbear  to  coinnjent  at  this 
lime  upon  them. 

If  the  tacts  are,  thai  he  was  so  seized,  for  such  a  lawful  act, 
the  dignilv  and  sovereignty  of  the  State  and  Nation  demand  his 
immediate;  release. 

r  am  awar(!  tiiat  wo  ar(;  met  by  the  assertiou  that  the  parties 
have  agreed  to  permit  the  actual  jurisdiction  to  r(;main,  pending 
the  negotiation,  as  it  existed  before.  1  have  yet  seen  no  evi- 
dence that  sncli  an  agreenuMit  was  ever  formally  entered  into 
l)y  the  parties.  lint  certainly  Maine  was  no  party  to  such  {in 
understanding,  and  at  all  events  it  could  never  have  been  in- 
tended to  he  perpetually  binding,  or  to  extend  beyond  the  ter- 
tnination  of  the  then  |)ending  negotiation.  'JMiat  negotiation  is 
ended.  'I"he  old  ground  of  ciaiu)  at  ^fars  Hill  is  abandoned  ; 
a  new  allegation  i..  made  —  that  the  treaty  caiuiot  be  executed, 
and  must  he  laid  aside.  Jn  the  mean  time  this  wardenship  is 
established,  and  the  claim  to  absolute  jurisdiction,  not  merely 
at  Madawaska,  but  over  the  whole  territory  north,  is  asserted 
and  enforccul. 

If  this  jurisdiction  is  to  he  tolerated  and  acquiesced  in  in- 
definitely, we  can  easily  sec  why  negotiation  lags,  and  two  years 
elapse  belween  a  proposition  and  the  rejjly.  They  have  all 
they  want,  and  the  jurisdiction  is  claimed  by  them  so  absolutely 
that  wo  cannot  s(Mid  an  agent  to  number  the  peo})le,  and  nuist 
hesitate  before  the  disputed  line  can  be  run,  to  fix  our  limits 
and  ascertain  important  facts. 

The  first  duty  of  Maine,  as  it  seems  to  me,  is  to  claim  the 
immediate  action  of  the  (General  (Jovernment,  to  move  effi- 
ciently and  decidedly,  to  bring  the  controversy  to  a  conclusion. 
We  have  had  years  of  negotiation,  and  we  arc  told  that  we  are 
apparently  no  nearer  to  a  termination  than  i  t  the  commence- 
ment. Maine  has  waited  with  most  exemplary  patience,  until 
even  her  large  stock  is  almost  exhausted. 

She  has  no  disposition  to  embarrass  the  action  of  the  Gen- 
eral Government,  but  she  asks  that  some  action  be  had  —  some 
movement  made  with  a  determined  purpose  to  end  the  contro- 
versy. 

She  cannot  fpiietly  submit  to  have  her  territory  wrested  from 
her,  her  citizens  imprisoned,  her  territorial  jurisdiction  annihi- 
lated, and  her  rights  lost  by  the  bold  and  persevering  and  un- 
opposed claims  of  a  foreign  power.     She  cannot  consent  to  be 


31 

Icfl  iiloiK'  in  tlic  controversy,  or  lo  lie  left  in  doiihl  us  to  tlie 
aitt  or  coMiitcnancc  >iii'  niiiy  recciNc  iVoni  tlii>  iiiitiiorilii'.-i  of  tlu? 
Union,  ill  nKiiMtiiiniiiu.  her  ncknow  I(m1i:(mI  riuilits.  Slic  iisks  the 
(|ui(M  ;in(l  nn(li>turl)('(l  possession  of  licr  tcrritci y.  ii'-cordint^  to 
the  trcaly,  and  that  Con^iLrn  and  iii!;  M-ivc  posses- i.)ii  he  jail  an 
end  to;  and  hy  lhi<  claim  >he  v,  ill  al)id;-.  She  will  do  nolhinii 
rashly,  iiiul  iiulnl!j;o  in  no  s|)irit  of  nullilication  ;  and  it  will  not 
be  nnill  all  hope  ol"  setlhni:  tiie  vexed  (piestion  l)y  nciiotiation, 
and  ail  re(pic>is  for  other  aid  aie  denietl  or  nei^h'cted,  that  she 
will  throw  her-elf  entireiv  upon  her  own  resources,  and  main- 
tain, unaided  and  alone,  her  just  ri;tlits,  in  the  determined  spir- 
it ol"  injured  freemen.  l?ut  those  riiiiits  must  he  vindicated 
and  maintain!  d  ;  and  if  all  a|>peals  for  aid  and  protection  are  in 
vain,  and  hei'  constiiutional  ri<j;hls  are  di^reirarded,  Corhearance 
iriay  cea>e  to  1)(>  a  virtue  —  and,  in  the  lanu;uaiie  of  the  lament- 
ed Lincoln,  Maine  may  l)e  "compelled  to  d(>liherale  on  an  al- 
ternati\('  which  will  test  the  strictness  of  Ikm- princi|)les  and  the 
fuinnc'-^s  of  her  temper.  "  The  recent  movement  in  Congress 
by  one  of  our  Representatives — sustained  as  we  may  confident- 
ly trust  l)y  his  eollcairues,  gives  some  encouragement  to  liopc 
that  the  day  for  decisive  action  is  at  hand. 

'I'o  yf)u — -delegated  guardians  of  the  people's  rights —  [  sub- 
mit these  remarks,  and  to  you  I  leave  the  consideration  of  this 
momentous  subject,  confident  you  will  not  yield  to  an  unjust 
claim,  or  jeopardize  om-  rights  b\-  delay  in  asserting  them.  ft 
is  for  you  to  say,  upon  mature  reHeeticn,  whether,  in  s[)eaking 
in  the  name  of  Maine,  \  have  excecdiMl  the  bounds  of  |)ru- 
dence,  or  niistakcMi  the  feelings  of  the  people.  1  cont'ess  that 
my  eon\  ictions  are  strong  that  Maine  has  been  wronged  l)y  a 
foreign  government,  and  neglected  by  oin"  own  —  and  1  do  not 
understand  the  diplomatic  art  of  softening  the  expression  of 
unpalalalj'e  truths. 

I  can  only  assure  you  that  I  shall  most  cheerfully  co-operate 
in  maintaining  our  rights  to  protection  in  the  exercise  of  our 
rightful  jurisdiction. 

The  remains  of  the  only  deceased  (iovernor  of  ^^aine, 
Enoch  Lincoln,  are  deposited  on  the  public  grounds,  "with- 
out a  stone  to  mark  the  spot,"  or  to  express  respect  for  his 
memory.  Althouiih  we,  as  a  people,  are  in  )irincij)le  oppo'-^ed 
to  mere  magnificent  dis[)lay  or  useless  ornament,  yet,  under  the 
peculiar  circumstances  of  the  case,  some  memorial,  simple  as 
bis  character  and  solid  as  his  fame  —  erected  l)y  the  State  he 
served,  and  whose  rights  he  maintained  with  honest  zeal  fuul 
unshaken  fidelity,  and  in  whose  service  he  died  —  would  l)e  but 
a  meet  testimonial  to  the  memorv  of  that  honest  man  and  faith- 
ful  magistrate. 


Il 


22 

[t  is  |irovi(l(!(l  in  llic  ( "oiislitiiiioii  of  iho  Tliiitcul  Slates  (Ar- 
tirlc  4,  Sec.  ;})  tiiat  '^'iio  iiersoii  held  to  service  or  labor  in  uiu! 
State,  iin(lt!r  llie  laws  ihcreof.  escapiiiii  into  aiiollier,  shall,  in 
ronse(|tiencc  ol"  any  law  or  rcmilalion  ihiTciii,  In'  (lischart^ed 
from  such  service  or  lahor,  hiil  shall  he;  dclivert'd  up  on  rl.iini 
of  (he  party  to  ulioiu  such  service  or  lahor  may  he  din*." 

However  strouirly  we  may  disa|)pro\('  the  system  here  al- 
luded l(t,  and  desire  to  see  il  aholi>lifd  hy  leiral  and  conslilu- 
lional  nutans,  \\r  art;  hound  lo  carry  this  provision  inio  full  ef- 
fect, in  perfect  uood  laiih  and  with  a  sincere  desir(!  to  maimain 
and  oh>erve  the  pro\  i.sion  of  ihi;  compact.  IJut  the  person 
claimed  under  this  section,  if  a  resident  within  our  Stale,  has 
I  learly  a  rii^ht  to  demand  that  the  fact  alleged  should  he  le^ally 
proved,  before^  he  shall  he  deli\er(>d  n|i  lo  the  claimaHt. 

The  personal  liherly  of  every  man  who  treads  our  soil,  and 
hreatl'.es  oin-  air,  is  sacred,  and  not  to  he  infrinmul,  '•*•  but  by 
judgment  of  his  peers,  or  the  lav.  of  the  land."  A  mere  (daim, 
or  informal  produciion  of  allctred  jind  a|ipar(Milly  suHicienl  ev- 
idence, would  atitli(/rise  the  seizure  or  removal  of  inanimate 
property,  by  le^al  authority,  and  surely,  the  most  Iriendless  of 
human  beint's  has  a  ri<j;lit  to  a  letral  trial,  before  his  personal 
freedom  is  im|)aired  b)  law.  Some  ])r(nisioii,  by  which  a 
sjx'cdy  trial  in  such  cases  could  be  had  before  a  jury  of  the 
country,  and  the  riiilils  of  claimants  promptly  and  leu;ally  set- 
tled, seems  to  Ix;  called  for  by  the  e\i:;ency  of  the  limes,  and 
I  submit  the  matter  lo  vour  consideration. 

'Vlw  many  accidenis  and  disasUMs  which  have  occurred  oi, 
water  and  land,  in  llie  use  of  vessels  and  carriages  propelled  by 
steam  power,  many,  if  not  all,  of  which  can  he  iraciMl  to  the 
carelessness  or  incompetem-y  oi  the  men  entrusted  with  their  di- 
rection and  manau;ement,  call  loudly^  for  lejrislalivf!  interference. 
The  regulation  of  vessel:',  when  upon  th{>  hii:;h  seas,  belongs  to 
the  seneral  fiovernment,  and  the  calls  of  justice  and  humanity, 
demandiiiii;  vif;,orous  and  decided  action,  we  trust  will  not  be 
nci;lected  by  Congress,  ft  is  dcscrvins;  your  consideration, 
whether,  in  aid,  or  antIci[)ation  of  such  le<;;islation,  it  may  not 
expedient  for  the  Slates  lo  act  upon  tla^  subj(.'ct,  where  it  is 
exclusively  within  tli(,'ir  jurisdiction,  and  providi'  for  llie  pun- 
ishment, as  a  criminal  oiibiuler,  of  (nery  master,  enii;ineer  or 
person  in  chari^e,  throus^h  whose  carelessness  or  want  of  due 
attention,  any  person  or  j)ersons  shall  be  injured  in  steanj  boats 
or  rail  road  cars, — and  subjectiiii^  owners,  to  heavy  ])enalties,  in 


)f 


case  01   sucJi  acci 


idents. 


or  for  entrustino;  such  ''esscls,  or  cars, 
or  engines,  to  the  care  or  control  of  improper  persons. 

The  public,  from  necessity,  trust  implicitly  to   he  good  faith 


23 


ami  capacity  of  llicsi'  miimi,  titui  wIhmi  i||(>  ('ii)ii(iity  ol "^'iiin.  rr 
tin?  iK'nIij^fiico  ill'  iiidill'i  rnici',  leads  to  latiil  results,  it  is  jtist  t«» 
liuM  tlit>  iitilliors  (if   siicli    evils   aiiieiiaMe  a^  eiii)iii)al  ollcii(ler.>' 

TIk;  a;;rieiiltiiial  iiilercst  is  one  ol  ureal  iiii|H)rlaii('e.  atnl 
claims,  willi  jiisliec!,  ilie  attc'iilion  ol  the  tioveniment.  .Vl- 
tli()iii!;li  this  iiitei'i  si  is  of  parainotiiit  iii)|>()i'taii( c  to  our  sireiif.Mh 
and  iiide|»('iideiiee,  it  is  iiii(|rir>ti()n;ililv  true,  that  it  lias  demajid- 
ed  and  received  less  direct  aid  iViiin  lei;isliiliitu  than  any  other. 
OiM'  farmers  have  asked  oiilv  t(»  he  protected  in  ihi-ir  liiu  ml 
possessions,  and  the  (|uiet  enjoyment  of  ihe'r  own  ri'thts.  Rjit 
it  has  lonu;  heen  ajtparent  to  the  most  superficial  ohserver,  that 
the  at^riciihnral  re>oiii('es  oi"  onr  Stiile  have  pe\cr\»'t  heeii  faii- 
ly  and  fully  tested;  and  that  we  need  only  the  ex|)erimenT  t(» 
cieiiK  nslrale,  that  Maine  may  hecome  one  of  tlu^  first  jiraiu 
jj;ro\vini;  States,  and  not  merely  supply  ei'ouj;ii  for  hor  own 
consumption,  hiit  export  a  liU'^e  surplus. 

Providence  has  in  a  i^reai  measure  compensated  for  the  cold- 
ness of  our  climale,  iiid  the  shoiine-^i  ;jf  our  season'^,  hy  tiic 
rapidity  of  ve!,elition,  and  uc  have  only  to  learn  to  adapt  our 
crops  to  the  nature  of  our  soil  and  climate,  and  wo  need  n<t 
lonu;  sillier  under  the  reproach  of  not  raisini;  our  own  hroac'. — 
The  law  nf  last  winter  u;iviii^  a  hounty  on  wheat  was  fomid  "-af- 
isfactor)  to  the  peo|)le,  and  the  success  which  has  attended  tiie 
ellorts  of  our  farmers  in  raisinii;  wheat,  has  liivon  j^ieat  encour- 
agement to  them,  and  lo  all  who  have  faidi  in  our  capaiity  to 
rlo  vet  moi'('. 

Ahhouiih  attempts  to  force  unnauaal  product-,  or  laiprolita- 
ble  crops,  hy  means  of  hoimties  and  reward-,  are  cerlaiiily  un- 
wise and  unjust,  yet  when  the  ohjeet  is  only  to  demoiislrat*' 
the  utility  and  profit  of  a  particular  course  of  culii\  alien,  and 
lo  induce  our  agriculiiirarHts  lo  put  forth  eliorls  to  ti^st  our  cii- 
pacities,  a  hounty,  temporary  in  its  duration,  and  limiied  in  its 
amount,  may  he  found  in  the,  v.ud  the  truest  ecinioiiiv. 

Tlu!  reliirus  iVom  the  .^evcral  towns  and  plan!a!i»ns  v  ill  he 
useful  in  e\l)ihiliii^  nearly  the  amount  of  v.  heai  raised  in  lliis 
Stale  the  last  year;  ami  I  suhniit  to  wmr  consideration,  to 
whom  the  diicision  helonirs,  tlu.'  e^iedicncv  of  con;iiuiinic  the 
sauK.'  houiily  another  year,  if  upon  investisi;alion,  the  ^lale  of  o.ir 
finance^i  will  warrant  it.  Tlii^  cost  is  great,  hut  the  henetit,  in 
my  \  iew,  is  an  aiu|)I(!  cipiivalent. 

'I'Ik!  .ludiciary,  hy  the  constitution  is  made  oni;  of  ihe  sep- 
arate departments  of  our  goveriiiiK'nt,  and  heing  iniinediaiely 
concerned  in  the  administration  of  justice  hotween  condicting 
claimants,  and  the  i)unishinenl  of  individual  ofTenders,  and  he- 
ing  that  depi'rtmeiil  to  which    is    entrusted  the    enforciMnent  ol 


...^ 


M'l     I 


t 


k 


24 

tlie  provisioii  of  our  constitution, — "  that  risjlit  and  justice  shall 
be  administered  freely  and  without  sale,  completely  and  \vilhout 
denial,  ))rom|)tly  and  without  delay,"  it  is  clearly  of  the  first 
inijiortance,  that  (;ur  judiciary  should  he  so  ora;anized,  that  it 
may  he  ahle  salisfactoril}     -  discharij^e  theuc  high  duties. 

Tite  system  which  was  adopted  at  the  first  or^ranization  of 
oiu"  iState  has  hecn  continued,  with  slis^ht  variations,  to  the 
present  time. 

The  numher  of  judijes  in  each  Court  .^  the  same  as  at  the 
first  insiiuilicn,  alihouich  our  j^opuhitiou,  husiness  and  ihe  num- 
her and  duration  of  the  terms  of  the  Court  have  so  materially 
increased. 

From  my  own  personal  ohservation  and  the  experience  of 
others;  I  am  satisfied  that  allhou'i;h  our  judfjes  do  devote  them- 
selves, with  unwearied  industry,  to  the  disc!iaru;e  of  their  du- 
ties, it  IS  impossihie  for  the  present  numher  to  perform  all  the 
duties  of  that  deparlmenl,  without  taxiua;  their  pliysical  and 
mental  powers,  heyoiid  any  reasonahle  recpiisition.  The  pres- 
ent evils,  it  seems  tf)  me,  r(>sult  not  so  much  from  a  defect  in 
the  system  as  from  the  want  of  a  sufilcient  nund)er  of  judges 
to  discharge  the  duties  of  the  department. 

I  suhmit,  howc, er,  the  whole  sul)je<t  to  yoiu'  consideration, 
wiiii  the  expression  of  my  individu;, I  opinion.  Ifanyhetter 
system  than  the  present  can  he  devised,  1  shall  most  readily 
concin-  ill  its  ado|)tion. 

it  is  certainly  not  the  least  remarkahle  of  the  many  remarka- 
hle  cents  of  the  last  two  years,  that  our  national  rulers  have 
been  called  upon  to  act  in  reference  both  to  an  overflowing  and 


nn  e: 


aus 


ted 


rea>urv 


A  short  time  since,  as  we  all  rei 


nem- 
ils  of 


her,  our  legislators  were  uevismg  scliemes  to  avoni  the  evi 
redundant  means  and  useless  receipts.  The  [ilan  of  dividing 
the  surplus  amongst  the  States,  was  proposed  and  adopted,  in 
the  form  oi' a  deiiosil,  and  the  Stiites  received  three  ]iarts  of  the 
promi-ed  dei)(isi!,  when  the  financial  difliculties  and  emharrass- 
nieiits  into  which  we  w.-'e  plunged,  were;,  in    the    o|)ini()n  of  a 


nuijonlv  oi    (_  oniijress,  sullicHMit    to  autiiorise 


Hi 


nil 


tl 


lem 


to  di 


S3 


ap- 


point the  ex))ectations,  and  fiiistratc  llie  ])hms  of  the  St'.'tes,  by 
postponing  the  payment  of  ihe  fourlli  instalment  until  the  vear 
1839.  We  may  then  expect  to  receive  it,  unless  the  embar- 
rassments of  the  Treasury  continue  and  increase,  and  the  mo- 
ney is  wanted  to  sup]»ly  deficits  or  losses,  incurred  in  our 
ucw  financial  schemes  of  keeping  lh(>  public  treasures. 

The  law  of  this  Stale  passed  last  year,  auihorisiiig  a   deposit 


ol  this    surphis    \vilh  Ihe  several  towns  and  planlnlions,  in  pro- 
portion to   their   population,  has  given  rise  to  much  discussion 


I 


roh 

Th 

ed 

phl5 

the; 

taxt 

rati 

moi 

yea 

man 

or  c 

the 

port 

omi 

eael 

his 

just 

tion, 

nual 


25 


relative  to  the  justice  and  oxpodienry  of  some  of  its  provisions 
The  resuicti(  n  of  that  law,  ''  That  any  city,  town,  or  organiz- 
ed plantation  is  authorised  to  appropriate  its  portion  of  the  sur- 
plus revenue,  or  any  part  thcrooi',  for  the  same  purposes  that 
they  have  a  ria;ht  to  any  monies  acrruing  in  the  treasury  from 
taxation,  "has  been  much  oj)p()sod,  and  it  is  deserving;  of  conside- 
ration, whether  it  outcht  not  to  be  repealed.  The  use  of  that 
money  for  the  ordinary  expenses  of  a  town,  for  the  crrren* 
year,  in  lieu  of  taxes,  is  to  my  mind,  upon  mature  reflection, 
manifestly  unjust,  whether  we  rccard  the  money  as  an  absolute 
or  conditional  de])Osit.  The  op.-ration  of  such  disposition  of 
the  money,  is  manifestly  to  divide  it  among;  the  people  in  pro- 
portion to  their  property.  If  the  usual  taxes  ^J"  a  year  are 
omitted  in  consequence  of  the  receipt  of  this  surplus  money, 
each  individual  citizen,  in  fact,  receives  an  amount  equal  to 
his  annual  tax.  A  distribution  per  capita  is  certainly  more 
just  than  any  other.  Another  plan,  worthy  of  considera- 
tion, is,  for  each  town  to  invest  this  money  in  a  fund,  the  an- 
nual interest  of  which  sliall  be  appropriated  to  the  support  of 
primary  schools,  without  releasing  towns,  in  any  degree,  from 
tlieir  legal  obligations,  to  raise  the  sum  now  required  for  their 
support.  Such  a  disposition  would  secure,  in  a  great  degree, 
an  equal  division  of  the  money.  If,  however,  the  restriction 
is  repealed,  the  inhabitants  of  each  town  can  decide  for  them- 
selves, the  question  of  appropriation. 

The  (geological  survey  of  the  tState,  which  has  been  com- 
menced <ind  prosecuted  with  zeal  and  ability,  promises  useful 
and  satisfactory  results,  in  developing  the  resources  and 
concealed  treasures  of  our  State.  The  report  of  the  Geolo- 
gist will  be  laid  before  you,  and  I  confidently  hope,  that  a 
work  so  honorable  to  our  State,  thus  a\ispiciously  commenced, 
will  be  vii,orously  prosecuted,  until  it  is  fully  completed. 

'('he  Insaiio  Hospital,  now  in  progress  at  Augusta,  will  be  a 
noble  monument  to  the  liberality  of  the  individual  contributors, 
and  the  benevolence  of  our  State  authorities,  who  will  thu3 
secure  to  that  unfortunate  class  of  our  fellow  beings  who  are 
deprived  of  reason,  a  comfortable  retreat,  and  kind  and  scien- 
tific attendance.  Its  inteiests  are  in  your  hands,  where  T  am 
confident  they  will  be  duly  regarded. 

It  cannot  be  expected,  that  I  should  be  able  to  lay  before 
you  many  facts  relative  to  the  afiairs  of  the  State  or  its  institu- 
tions, as  I  have  had  no  official  connection  with  them,  and  have 
no  inforniution  except  such  as  is  common  to  the  whole  neople. 
By  the  report  of  tlic  Connnissioner  of  the  Treasury,  which 
has  been  laid  before  you,  it  clearly  appears  that  the   State  is 


m 


26 

embarrassed  in  its  financial  concerns,  and  that  we  receive  from 
our  predecessors  an  exhausted  and  embarrcisscd  Treasury. 
The  balance  against  the  Treasury  as  reported  by  the  Commis- 
sioner, is  three  hundred  and  fifty-six  thousand  five  hundred  and 
seventy-eight  dollar?  and  ninety-eight  cents,  of  the  present 
liabilities  and  resources,  and  the  estimated  receipts  for  the 
current  year,  are  one  hundred  and  forty-eight  thousand  twenty- 
five  dollars  and  nine  cents,  and  the  estimated  expenses  are  four 
hundred  and  thirty-three  thousand  seven  hundred  and  forty- 
two  dollars  and  eighteen  cents;  leaving  a  balance  against  tin; 
Treasury  of  two  hundred  and  eighty-five  thousand,  seven 
hundred  and  seventeen  dollars  and  nine  cents,  for  the  present 
year.  The  omission  of  the  usual  State  tax,  for  the  several 
years  last  pa,7i,  has  clearly  been  one  cause  of  our  present  em- 
barrassments. In  the  present  pres!,ure  and  difilcully  in  the 
community,  it  would  seem  to  be  unjust  and  ojipressive,  to 
attempt  to  meet  all  the  demands,  by  a  direct  tax  upon  the 
people  the  present  year.  I  would  suggest  for  your  considera- 
tion, the  expediency  of  authorizing  a  loan,  at  a  rate  of  interest 
not  exceeding  5  per  cent,  reimbursable  in  instalments,  giving 
sufficient  time  for  the  State  to  ascertain  and  determiu"!,  what 
amount  of  the  large  sum  due,  and  conrfng  due  to  the  State,  on 
land  notes,  can  be  collected.  In  the  meantime,  experience  is 
solemnly  teaching  States,  as  well  as  individuals,  the  necessity 
of  strict  and  imflinching  economy. 

The  poor  debtor  law  requires  revision  and  amendment,  to 
secure  to  creditors  their  just  rights,  and  to  honest  and  unfortu- 
nate debtors,  an  exemption  from  actual  imprisonment  for  mere 
debt.  A  construction  has  been  given  to  the  existing  law,  in 
some  sections  of  our  State,  which  appears  to  me  '")  defeat 
these  important  objects. 

The  interests  of  Education  are  by  the  Constitution  commit- 
ted to  you,  and  our  Seminaries  and  Public  Schools,  those  re- 
publican nurseries  of  freemen,  must  always  find  friends  and  ad- 
vocates in  patriotic  and  intelligent  legislators. 

The  cause  of  Temperance  and  that  philanthropic  movement, 
which  has  already  done  so  much  to  check  the  ravages  of  that 
fell  destroyer  of  individual  health  and  happiness,  and  that  pro- 
lific source  of  crime  and  misery.  Intemperance,  depend  main- 
ly for  their  ultimate  and  perfect  success  upon  moral  causes,  but 
may  yet  receive  aid  and  support  from  legal  enactments  which 
shall  put  the  ..aal  of  reprobation  upon  the  traffic  in  ardent  spir- 
its, v/henever  public  sentiment  will  sustain  the  strict  enforce- 
ment of  the  provisions  of  such  a  statute. 

In  closing  this  communication,   extended   to  a  length   which 


~1 


27 

demands  an  apology,  I  can  only  assuro  you,  and  the  eood  neo- 
plo  of  the  htate  you  rcpros.mt,  that  I  shall  most  readily  concur 
m  adoptnig  such  laws  as  the  public  good  may  require,  and  your 
judgmtMU  may  sanctiou  ;  nnd  that  I  shall  bring  to  the  perform- 
ance of  the  untried  duties  of  my  station,  honest  intentions  and 
faithful  ondeavoiirs.  And  may  that  Poxver  which  sustained  our 
fathers  in  their  days  of  trial  and  suffering,  sustain  us  in  the  ex- 
ercise  of  our  delegated  authority,  to  advance  the  best  interests 
of  our  constituents  juid  our  country. 

EDWARD  KENT 

Council  Chambru,  ) 

January  22,  1838.     J 


Ori 
emor 
the  us 


S  T  A  T  E    ( )  F    MAINE, 


House  of  Rbpresentatives, 
Jan.  22,  1838. 

Ordered,  That  four  thoiisaiul  copios  of  the  Address  by  the  Gov- 
ernor this  morning  to  tho  two  Houses  in  Convention,  be  printed  for 
the  use  of  the  Legislature. 

Attest:  GEORGE  C.  GETCHELL,  Clehk. 


\iWim4^\ 


